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2025 DAILYLAW 164738 (ALL)

MOHD. SHADAB @ SHADAB @ SHANI @ BHAROSEY v. STATE OF U.P. AND ANOTHER

A482/7886/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7886 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Sri Mohammad Ali Shah Faruqi, learned counsel on behalf of the opposite party no.2 is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed for quashing the proceeding of Criminal Case No.104080 of 2022, namely, State Vs. Shadab alias Shani alias Bharosey, arising out of Case Crime No.522 of 2022 under Sections 500, 506 I.P.C. 66 IT Act with Police Station Gomti Nagar, District Lucknow pending before learned Special Chief Judicial Magistrate (Custom), Court No.38, District Lucknow in light of compromise dated 8.9.2025 entered into by the applicant and the opposite party no.2. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 8.9.2025, which has been annexed as annexure no.4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and Versus Counsel for Applicant(s) : Evaz Ali, Faraz Ahmad, Mohammad Taif, Sayyed Farooq Ahmad Counsel for Opposite Party(s) : Mohd. Shadab @ Shadab @ Shani @ Bharosey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite party no.2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of three months, the proceedings initiated in pursuance of the Criminal Case No.104080 of 2022 arising out of Case Crime No.522 of 2022 under Sections 500, 506 I.P.C. 66 IT Act Police Station Gomti Nagar, District Lucknow, shall remain stayed so far as the applicants are concerned. Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same. September 26, 2025 Ram Murti A482 No. 7886 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench